Rivera v Minister for Justice and Customs [2007] FCA 1693

FEDERAL COURT OF AUSTRALIA

Rivera v Minister for Justice and Customs [2007] FCA 1693

EXTRADITION – Legitimate expectations arising from Australia's ratification of the United Nations Convention against Torture and Cruel, Inhumane or Degrading Treatment or Punishment – whether such legitimate expectations can be relied upon as a basis for claiming procedural unfairness when decision of Minister under s 22 of the Extradition Act 1988 (Cth) is not challenged – provisions of the Extradition Act 1988 (Cth) govern the procedure to be followed in extradition matters Held: Application dismissed Extradition Act 1988 (Cth) ss 12, 16, 19, 22, 23 United Nations Convention against Torture and Cruel, Inhumane or Degrading Treatment or Punishment Articles 1, 3, 22, 28 Vienna Convention on the Law of Treaties Articles 26, 43 Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 followed Harris v Attorney-General of the Commonwealth (1994) 52 FCR 386 followed Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273, followed Nagaratnam v Minister for Immigration and Multicultural Affairs (1999) 84 FCR 569 considered Port of Melbourne Authority v Anshun Pty Ltd (1981) 14 7 CLR 589 referred to Rivera v Minister for Justice and Customs [2007] FCAFC 123 referred to Rivera v Minister for Justice and Customs [2006] FCA 1784 referred to Vasiljkovic v The Commonwealth of Australia (2006) 227 CLR 614 considered Wong v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 146 FCR 10 distinguished LAWRENCE RIVERA v MINISTER FOR JUSTICE AND CUSTOMS NSD 1915 OF 2007

COWDROY J

14 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1915 OF 2007

BETWEEN: LAWRENCE RIVERA

Applicant

AND: MINISTER FOR JUSTICE AND CUSTOMS